Adverse possession on the property cannot be claimed as for adverse possession on private property at least possession of twenty years is required.
Adverse possession applicable to this case?
My dad and his two brothers had rights on this property. From 2007,I am paying property,commercial taxes at the municpal for more than 12 years.I have all the receipts and evidences that i am living in that property for more than 12 years.In the meantime,his two brothers got the verdict to split the property into three.But we've applied at the sessions court and got the order mentioned as EP was failed. But we are living in that property for 12 continous years. p.s- they sold their share and settled in some other place before 2000.(we have no strong evidences for that.) 1.Please suggest us some ideas to overcome this problem for permanent? 2.Can i claim adverse posession?
Asked 6 years ago in Property Law
Religion: Hindu
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14 Answers
Hi,
You may claim the adverse possession and you may also challenge the decree obtained by them in higher court.
primarily it appears that you do have a claim of adverse possession as without a valid title you had been living in the property and enjoying the same as an owner without any objection from the true owners
1. When was the suit filed by means of which the property has been divided into 3 parts.
2. In case there was a case pending with regards to your possession then the concept of adverse possession will not apply.
Regards
Is there any alternatives to get verdict of partition suit in favour of us? What will be permanent and favourable solution for this?
Asked 6 years ago
you cannot claim adverse possession against your family members
is weel settled law that between co-owners, the mere fact that one co-owner is in possession of the entire property would not be sufficient evidence of ouster so as to extinguish the rights of the other co-owner
Amicable settlement is best option
fileappeal agianst court orders passed in partition suit
See your father and brother can devide property with meats and bounds with order of.the hon'ble court .
Dear Client,
Since the matter was before court so that period will not count to take plea of adverse possession.
Who purchased this property ? and when case was filed ?
adverse possession is non disturbing possession for a long period only continious stay is not adverse possesion. Kindly go through supreme court latest judgement in adverse possesion
You cannot claim adverse possession.. Permanent and favourable solution is settle dispute amicably out of the court through an mediator.
1. Non-Partitioned Property CANNOT be sold by the brothers, without a Court order.
2. You are advised to continue holding the property, since you are the 1/3rd holder of the property. Since it is a undivided property, you cannot be evicted.
3. Partition suit would require the mutual consent of the other two brothers, which seems difficult in your circumstances.
1. The trial court had ordered division of property in the partition suit filed by them, but you appealed in the court of District Judge. What do you mean by 'we got the order mentioned'?
2. Did you take the plea of adverse possession in your written statement before trial court? If it was not taken then it cannot be taken in the appeal either.
1. Since this property belonged to all three, you cannot claim rights over the entire proeprty on the basis of your possession and enjoyment of the same for 12 years or more.
2. Law of adverse possession will not be applicable to this situation.
Since this property devolved on your father and his brothers, as per law each one shall be entitled to 1/3 rd share in it which cannot be denied by anyone for any reason.
Therefore better be prepared to face the decision that may be pronounced against your interest.
This is law and inevitable.